채무자회생및파산에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) was found not guilty on the grounds that there is insufficient evidence to acknowledge that the Defendant’s act of receiving part of its income from the said income to the account under the name of the wife or of remitting its own benefits, etc. to the said account was an act with the “purpose to promote one’s own interest or to harm the creditors” and “the intention to conceal property” under Article 643(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).
However, while the Defendant raising income related to the operation of a healthcare and remitting it to the account in the name of wife D, he reported only the wage income that he worked as a sports teacher and did not report the above income. It is reasonable to view that the Defendant concealed the available income for the purpose of undermining the creditor, and it constitutes a violation of Article 643(1) of the Debtor Rehabilitation Act.
Therefore, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The debtor in the facts charged of the instant case committed an act of concealing assets for the purpose of seeking his/her own interest or others or impairing the creditor, and the decision to commence rehabilitation procedures for the debtor shall not become final and conclusive.
Nevertheless, the Defendant, from February 21, 2014, before the application for individual rehabilitation procedure commencement, received allowances from “C” to the Defendant’s corporate bank account in the name of the Defendant’s spouse, such as receiving allowances from “C” from around February 21, 2014, before the application for individual rehabilitation procedure commencement, in order to avoid repayment of KRW 140,463,296 to the creditor’s debts to the Korea Housing Finance Corporation, etc., on May 29, 2014, filed with the Seoul Central District Court an application for non-statementing the above allowances to the competent division on September 4, 2014.